Raj (others) 09 November 2009

cyber defamation

1. Will it become a defamation, if a email forwarded by my relative is being forwarded to another relative by me notifying the relevant person. Eg. A is my sister and C is my cousin and B is me. if A forwards an email which is addressed to C to B, then if B forwards the email to C marking bcc to D, who is also a relative of A,B,C, with the intention of advising C to correct himself and by requesting D to advice C to live with A. Will this be a cyber defamation ?

2. In the above question, will it again become a defamation, if BB ( Mother of B ), is being defamed by CC ( mother of C ) which is the root cause of sending the email to relatives (Not to public) .

3. Will it be a cyber defamation, if email is circulated within relatives ?

Reply Follow

2 Replies

Raj (others) 11 November 2009

Defamation

Defamation:

What amounts to defamation

Defamation may be by words, either spoken or intended to be read, or by signs or visible representation. Any person who makes or publishes any imputation concerning any person, knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, to defame that person.

However there are certain exceptions

It is not defamation to impute anything which is true concerning any person, if it is for public good that the imputation should be made or published.
It is not defamation to express in good faith any opinion whatever regarding the conduct or character of a public servant in discharge of his public function.
It is not defamation to express in good faith any opinion regarding the conduct or character of any person touching any public question.
It is not defamation to publish a substantially true report or result of a Court of Justice of any such proceedings.
It is not defamation to express in good faith any opinion regarding the merits of any case, which has been decided by a Court of Justice, or the conduct of any person as a party, or the witness or the agent, in such case.
It is not defamation to express in good faith any opinion regarding the merits of any performance which an author has submitted to the judgment of the public.
It is not defamation if a person having any authority over another person, either conferred by law or arising out of a lawful contract, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.
It is not defamation to make an imputation on the character of another person, provided it is made in good faith by person for protection of his or other's interests.
It is not defamation to convey a caution, intended for the good of a person to whom conveyed or for public good.

Y V Vishweshwar Rao (Advocate ) 12 November 2009

These all the efforts, by and , between , with in the Relatives for good cause, for settlement between the wife & Husband , a case is pendign for restitution of conjugal rights - all the comuniucations in between the relatives for settlement of the Couple ,is a good cause and in good faith .You have already mentioned the exemption under your secodn post , the answer is with in it .